transparency in governance is the ultimate key to reforms
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Paper presented at the International Conference , NLU DelhiTRANSCRIPT
Academic Associate – IIM Academic Associate – IIM AhmedabadAhmedabad
KALPESHKUMAR L. KALPESHKUMAR L. GUPTAGUPTA
LL.M., MBL (NLSIU), M.Phil. (Law)LL.M., MBL (NLSIU), M.Phil. (Law)
ICTAG – 2012 ICTAG – 2012 October 13-14, October 13-14, 20122012
International Conference on Transparency & Accountability
in Governance : Issues & Challenges
Outline of the presentation :-
1. Introduction2.Research Methodology3.Transparency – An
Overview4.Some Initiatives on
Transparency5. Issues & Challenges6.Concluding Remarks7.Video on Integrity Pact8.Q & A
Outline
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Governance:-
“Governance is the manner in which power is exercised in the management of a country’s economic and social resources for development….
……Good governance is synonymous with sound development management.”
- World Bank (1992)
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Governance
Good Governance
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Governance
Good Governance
Journey of Governance(c) K L Gupta
Good Governance:-
Good governance means
- ruling justly, - enforcing laws and - contracts fairly, - respecting human rights, property
rights, and - fighting corruption……..
- Paul O’Neil, Treasury Secretary of US (2002)
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Good Governance – Major Characteristics*:-
1. Participation2. Rule of Law3. Transparency4. Responsiveness5. Equity & Inclusiveness6. Effectiveness7. Efficiency8. Accountability9. Strategic Vision10.Consensus Orientation
*Source :- V K Parigi & Others, “Ushering Transparency for Good Governance”, available athttp://www.cgg.gov.in/workingpapers/Ushering_in_Transparency.pdf accessed on September 15, 2012
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Type of Paper:-
Conceptual paper
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Objective:-
The objective of the current study is to examine level of transparency in the governance prevailing in Government Sector (Legislative &
Executive), Judiciary and Private Sector.
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Research Questions:-
1.Will the transparency only in the Government Sectors bring reform?
2. Will the transparency only in the Judiciary bring reforms?
3. Will the transparency only in the Private Sectors bring reforms?
4. Will the transparency in the Government Sectors, Judiciary and Private Sectors all together bring reforms?
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Research Design / Data Collection:-
In order to answer the research objectives a Content Analysis has been carried out using website of the government, judiciary, regulating agencies, concerned organizations, reports in different forms, journal papers and newspaper articles.
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Originality:-
The present paper gives us a comprehensive analysis of transparency in governance of Government sector, Judiciary and Private sector and reforms brought from this.
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Era of Secrecy, Lack of
Transparency
Birth of Corruption
R.T.I
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77 % believes that Indian Judiciary is corrupt : Global Corruption Report (Transparency International Report, 2007)
8 Chief Justices of India corrupt says former Law Minister (NDTV, September 16, 2010)
Don't protect corrupt judges: Chief Justice of India to politicians. (Hindustan Times, April 16, 2011)
Judiciary a contributor to encouraging corruption: Hegde (Indian Express, April 10, 2012)
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2G Scam
Satyam
Coalgate
Reebok
Reebok India case: Corporate mismanagement led to scam
Rs. 870 Crore Corporate Fraud*
*Source :- Deccan Herald, September 23, 2012
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Anti-graft laws will soon cover private sector too: PMTimes of India, October 11, 2012
Government is working to amend existing laws i.e. Prevention of Corruption Act, IPC to punish bribery in the private sector, saying economic reforms had created new opportunities for corruption and there was need to focus on the "supply side" of corruption.
Expanding the ambit of anti-corruption laws to cover private sector.
A clear and unambiguous definition for the term 'corruption', covering both the supply and demand sides, is being sought to be provided."
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Integrity Pact :
-The Integrity Pact (IP) is a tool developed in 1990s by Transparency International (TI) to help governments business and civil society to fight corruption in public contracting and procurements.
-It covers all contract related activities from pre-selection of bidders, bidding, contracting, implementation, completion and operation
-IP is intended to make public contracting and procurement transparent by bidding to all ethical conduct.
A perfect tool for clean bidding
The Integrity Pact
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E-Governance bringing transparency Case of Tamilnadu Medical Services Corporation Ltd.:
-TNMSC was set up in 1994, for ensuring ready availability of all essential drugs & medicines in the govt. medical institutions by adopting a streamlined procedure for their procurement, storage & distribution
-IT system of TNMSC ensures quality compliance, transparency in procurement & distribution & prevention of abuse.
-As far as quality control & transparency go, TNMSC’s efficient tendering process helps discover the lowest possible price. It purchases only from manufacturers holding Good Manufacturing Practice Certificate & stringent testing process that tests each batch.
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e-Setu :-
-E-Setu has become the electronic bridge between the people & the government especially for people in distant place.
-The e-Setu practice is located in Jorhat district of Assam
-The e-Setu practice is a sincere attempt to bridge the citizen’s access to Information & Government Service
Jorhat
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National e-Governance Plan (NeGP) :-
"Make all Government services accessible to the common man in his locality, through common service delivery outlets, and ensure efficiency, transparency, and reliability of such services at affordable costs to realize the basic needs of thecommon man"
Online Services under NeGP will cover Income tax, Passport / Visa, Company Affairs, Central Excise, Pensions, Land Records, Road Transport, Property Registration, Agriculture, Municipalities, Grampanchayats, Police, Employment Exchange, E-courts
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Government Sector :-
-RTI Act helps to bring transparency in governance. It has many success stories.
-RTI is dying gradually because of lethargic appeal process, vacancy and killings of RTI Activists who help in uncover the maladministration, corruption in the governance.
-Whistle Blower Bill, 2010, Lokpal Bill, 2011, Citizen Charter Bill, 2011 are pending before the parliament.
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Judiciary :-
-We can not see transparency in the Judicial System, it causes delay in disposal of cases & biased decisions.
-The Judicial Standard & Accountability Bill, 2010 is pending before the parliament.
- This bill requires judges to declare their assets, lays down judicial standards and establishes process for removal of judges of the SC & High Courts.
-There is no proper monitoring of cases in Judiciary.
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Private Sector :-
-Recent scams show the mal-administration going in the private sector.
-It is difficult to have transparency in the private sector. For that certain mechanism needs to be developed.
-Companies Bill, 2011 is pending before parliament which points out role of Independent Director and Auditor of the company.
- Independent Director & Auditor can be whistle blower of the company and helps in bringing transparency in the company.
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Challenges:-
-Transparency tools in the form of different Bills are pending before the parliament.
-There is always apprehension about the passing of these bills that can play a pivotal role in bringing transparency.
-Till date all above bills are lying in cold storage.
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REFORMS
TRANSPARENCY IN GOVERNANCE LEADING TO REFORMSTRANSPARENCY IN GOVERNANCE LEADING TO REFORMS
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Answer for Research Questions :-
-Transparency only in the Government Sectors will not bring reforms in the country.
-Transparency only in the Judiciary will not bring reforms in the country
-Transparency only in the Private Sectors will not bring reforms in the country.
- Transparency in all three sectors i.e. Government Sectors, Judiciary and the Private Sectors is required to bring complete reforms in the country.
Reforms (c) K L Gupta
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Government Sector :-
-Save RTI Act which is gradually dying.
-Whistle Blower Bill, 2010, Lokpal Bill, 2011, Citizen Charter Bill, 2011 to be passed as soon as possible.
-The model of Integrity Pact should be made compulsory in every public authority of the company
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Judiciary :-
-The Judicial Standard & Accountability Bill, 2010 to be passed in next session.
-Subordinate Judiciary should be covered under this Bill as it deals with more than 85 percent of the pending cases of the country.
-All courts must be enabled with Information Technology system so that justice delivery system can be expedited.
-Independent Case Management Authority needs to be established for proper monitoring of the cases from its initiation till its implementation.
Model 1 National Case Management Authority (NCMA)
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Model 2National Case Management Authority (NCMA)
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Collecting data on institution of CasesCollecting data on institution of Cases
Collecting data on progress of registered cases(along with the stage, adjournments with
reasoning) - - "Watch Dog“ --
Collecting data on progress of registered cases(along with the stage, adjournments with
reasoning) - - "Watch Dog“ --
Collecting data on Judgment pronounced by the Courts, Forums, Tribunals etc.
Collecting data on Judgment pronounced by the Courts, Forums, Tribunals etc.
Monitor the Implementation of JudgmentsMonitor the Implementation of Judgments
Study on overall aspects of judgments pronounced by the courts, forums, tribunals
etc.
Study on overall aspects of judgments pronounced by the courts, forums, tribunals
etc.
Prepare a report and submit to Department of Justice / Law Commission
Prepare a report and submit to Department of Justice / Law Commission
Working ofNational Case Monitoring Authority (NCMA)
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Private Sector :-
-Companies Bill, 2011 to be passed as soon as possible.
-Independent Directors & Auditors have to perform their duty with due diligence especially as Whistle Blower.
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References:-
1.V K Parigi & Others, “Ushering Transparency for Good Governance”, available at http://www.cgg.gov.in/workingpapers/Ushering_in_Transparency.pdf
2. IMF, “The IMF and Good Governance” , A Factsheet
3. The Economic Times, December 17, 2002
4. Daniel Kaufmann, Aart Kraay, and Pablo Zoido-Lobaton, “Aggregating Governance Indicators”, Policy Research Working Paper, No. 2195, World Bank, Washington DC, October 1999; and Daniel Kaufmann, Aart Kraay, and Pablo Zoido-Lobaton, “Governance Matters,” Policy Research Working Paper, No. 2196, World Bank, Washington DC, October 1999.
5. “Cabinet nod for Judicial Transparency Bill”, Times of India, October 6, 2010 available at http://articles.timesofindia.indiatimes.com/2010-10-06/india/28252263_1_accountability-bill-judges-high-courts
6. A Abdulraheem, “Corruption in India :An Overview, Causes, Consequences and Remedial Measures”, Social Action, Vol 59, October-December, 2009 available at http://www.isidelhi.org.in/saissues/articles/artoct09.pdf
7. Kalpeshkumar L Gupta, “Delayed Justice – Denial of Fundamental Rights” in Contemporary Challenges and Prospects for Strengthening Rule of Law and Democracy in the Midst of Anarchy and Chaos in the Indian State Separation of Powers, Judicial Accountability and Relevant Provisions of the Indian Constitution Revisited, published by Gujarat National Law University, February 2012, p 57,
8. Maulik Vyas, “Corporate Governance issues too play spoilsport for fund flows” , Economic Times, January 3, 2012, available at http://articles.economictimes.indiatimes.com/2012-01-03/news/30584756_1_corporategovernance-corporate-fraud-companies-bill Cont.(c) K L Gupta
References:-
9. Transparency International India, available at http://www.transparencyindia.org/resource/project_files/Brochure-_Integrity_Pact.pdf_1289376032.pdf
10. Kiran Mazumdar Shaw, “Robust IT architecture holds key to making government’s new health care plan effective”, Times of India, August 22, 2012 available at http://articles.timesofindia.indiatimes.com/2012-08-22/edit-page/33304120_1_tn-model-spurious-drugs-drugs-account
11. “E-Setu – Bridge Online Between People & Government” available at http://indiagovernance.gov.in/files/Esetu.pdf
12. Department of Electronics and Information Technology, Govt. of India available at http://www.india.gov.in/outerwin.php?id=http://mit.gov.in/content/national-e-governance-plan
13. “Companies Bill Soon : PM”, Hindustan Times, September 23, 2012, p 1, available at http://www.hindustantimes.com/News-Feed/Chunk-HT-UI-BusinessSectionPage-Economy/Companies-Billsoon-says-PM-Manmohan-Singh/Article1-934268.aspx
Cont.
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